Cookie consent

This website uses cookies to collect information about how you use this website. Atkin Chambers uses this information to make the website work as well as possible and improve the services provided by members and staff. You may choose to accept all cookies or chose to manage your cookie settings here:

Cookies on atkinchambers.com

Cookies are files saved on your phone, tablet or computer when you visit a website.

Atkin Chambers uses this information to make the website work as well as possible and improve the services provided by members and staff. You may choose to accept all cookies or chose to manage your cookie settings here:

Cookie settings

Atkin Chambers Limited use two types of cookie files, analytical cookies and necessary cookies. You can choose which cookies you are happy for us to use.

Analytical cookies that measure website use

Atkin Chambers Limited use Google Analytics to measure how you use the website so it can be improved based on user needs. Atkin Chambers do not allow Google to use or share the data about how you use this site.

Google Analytics sets cookies that store anonymised information about:

  • how you got to the site
  • the pages you visit on atkinchambers.com, and how long you spend on each page
  • what you click on while you’re visiting the site

Strictly necessary cookies

These essential cookies do things like remember your progress through a form (for example if you register for updates). They always need to be on.

Save changes

Construing Construction Contracts: Principles, Policies & Practice

1st Dec 2010

A paper based on talks given to meetings of the Society of Construction Law in London on 2nd December 2008, Sheffield on 16th June 2009 and Birmingham on 25th February 2010.

In Chartbrook v Persimmon Homes in 2009, the House of Lords revisited an apparently theoretical but in fact intensely practical area of the law: what techniques to use in order to interpret contracts and other legal documents where the parties are in dispute about their meaning? The case adds significant further information to the principles newly adopted in English law, principally at the initiative of Lord Hoffmann, in the Investors Compensation Scheme case in 1998; and offers additional flexibility on the courts’ part towards looking outside the text of a legal document in order to decide its meaning. The Lords at the same time took a fresh look at ‘the parol evidence rule’ and at the situations where a court may rectify an agreement for common mistake.

This paper was first published by the Society of Construction Law.





Register for updates

To keep in touch with news and updates from Atkin Chambers:

 

Register